Disposed

Ajita Parul Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC5 Sept 2024A482/7707/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the court ordered the suspension of criminal proceedings for two weeks pending mediation and deposit of Rs. 5,00,000/- to settle a property dispute, with directions to place the matter before the Mediation and Conciliation Centre.

What did the court decide?

Proceedings against the applicants were kept in abeyance for two weeks pending deposit of Rs. 5,00,000/- and mediation.

Ajita Parul Mishra and Another vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 7707 of 2024 Applicant :- Ajita Parul Mishra And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vinay Prakash Katiyar,Praveen Kumar Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record.

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The present application has been filed for the following main relief:-

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"Wherefore it is most respectfully prayed that the Hon'ble Court may kindly be pleased:-

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1. To set aside the impugned entire proceedings of Criminal Case No.95425/2022, "State Vs. Ajita Parul Mishra" arising out of case crime no. 23 of 2022, under section 420, 406, 504, 506 IPC at Police Station Alambagh, District- Lucknow as well as impugned summoning order dated 22.10.2022, passed by the Judicial Magistrate-II, Lucknow, along with impugned charge sheet dated 29.03.2022, so far it relates to the petitioners, as contained Annexure No.3 & 4 to this petition."

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Learned Counsel for the applicant submitted that on account of some property dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicants are ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicants further stated that applicants would deposit an amount to the tune of Rs. 5,00,000/- within two weeks before the Mediation and Conciliation Centre of this Court.

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Considering the submissions advanced by the learned counsel appearing for the applicants including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

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It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 4.10.2024. The applicants shall deposit an amount of Rs. 5,00,000/- before the Mediation and Conciliation Centre of this Court, within two weeks, which shall be provided as per settlement between the parties.

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Issue notice to the opposite party No. 2/Firoz Khan, returnable at an early date. Steps in this regard be taken within seven working days.

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List/put up this case before this Court on 05.11.2024 as fresh alongwith mediation report in this regard.

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Till the next date of listing, the proceedings against the applicants shall be kept in abeyance.

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In case, the steps are not taken within time specified or amount aforesaid is not deposited by the applicants within the specified time, the interim protection granted by this Court shall not be available to them. It is also made clear that if the mediation/settlement fails between the parties, the benefit of interim order would not been applicable to the applicants. Order Date :- 5.9.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ajita Parul Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Ajita Parul Mishra and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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